10.07.16.19

.19 Sanctions.

A. If the Secretary determines serious or life-threatening resident care deficiencies exist at the limited private inpatient facility or that the facility fails to take the necessary corrective action, the Secretary may:

(1) Revoke or place restrictions on the license;

(2) Impose a civil money penalty of not more than $10,000 per instance or per day;

(3) Impose a directed plan of correction; or

(4) Impose appropriate operating conditions.

B. When considering whether to impose a civil money penalty and the amount of the penalty, the Secretary shall consider the following factors:

(1) The number, nature, and seriousness of the violations;

(2) The extent to which the violation or violations are part of an ongoing pattern during the preceding 24 months;

(3) The degree of risk, caused by the violation or violations, to the health, life, or safety of the patients of the facility;

(4) The efforts made by, and the ability of, the licensee to correct the violation or violations in a timely manner; and

(5) Such other factors as justice may require.

C. A person aggrieved by the action of the Secretary under §A of this regulation may appeal the Secretary's action by filing a request for a hearing in accordance with Regulation .22 of this chapter.